Price Resets Sample Clauses

Price Resets. Beginning with the first calendar month following the first anniversary of the Effective Date (i.e., July 1, 2008), and every six (6) months thereafter, each of the Volume Tier Home Voice Customer Voice Rates set forth above shall be reset based on sixty percent (60%) of the percentage change in the National Average Sprint Retail Voice Revenue Yield (“National ASRVRY”) during the most recently completed six (6) month period less one (1) calendar quarter (“National ASRVRY-1”) as compared with the National ASRVRY for the six (6) month period immediately prior to the six (6) month period used to determine National ASRVRY-1 (“National ASRVRY-2”). Table of Contents EXECUTION COPY
Sample 1
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Price Resets. Beginning with the first (1st) calendar month following the first (1st) anniversary of the Effective Date and every six (6) months thereafter, the Travel Voice Customers Voice Rate for the next six (6) months shall be reset to equal ninety percent (90%) of the National ASRVRY during the most recently completed six (6) month period less one (1) calendar quarter. By way of example, for the price reset occurring on July 1, 2008, the National ASRVRY will be the average yield for the Fourth Quarter of 2007 through the First Quarter of 2008. On or before the 45th calendar day after the end of each calendar quarter, for purposes of calculating the National ASRVRY, Sprint shall provide the Alliances with Sprint’s National Retail Voice ARPU for each month of the most recently completed calendar quarter and Sprint’s National Retail Voice Usage for each month of the most recently completed calendar quarter. If Sprint does not provide such information on or before such 45th calendar day after the end of any calendar quarter, and after ten (10) days notice to Sprint, the Alliances shall have the option, in the Alliance’s discretion, (i) to continue to charge the Travel Voice Customer Voice Rates from the preceding six (6) month period for an additional six (6) month period or (ii) to implement the price reset retroactively upon receiving the required information from Sprint. Table of Contents EXECUTION COPY Sprint must provide to the Alliances, at the request of the Alliances, documentation reasonably adequate for the Alliances to verify Sprint’s National Retail Voice ARPU and Sprint’s National Retail Voice Usage. Such documentation shall be derived from public documents and reports filed or released by Sprint. In the event of a dispute regarding the determination of the National ASRVRY, the parties shall work in good faith to resolve such dispute using the procedures set forth in Section 17.14 of the Agreement; provided, however, for the purpose of calculating the Travel Voice Customer price reset, no changes will occur in Sprint’s National Retail Voice ARPU or Sprint’s National Retail Voice Usage until such dispute is resolved, and upon resolution, the new Travel Voice Customer Voice Rates will apply retroactively to the beginning of the relevant period (including an appropriate adjustment for interest to the owed party at a daily interest rate equal to .0491% compounded monthly). In the event that the parties are unable to resolve the dispute within thirty (30) days...
Sample 1
Price Resets. Beginning with the first calendar month following the third anniversary of the Effective Date, and after each anniversary thereafter, each of the Volume Tier rates set forth above for Sprint Home Customers shall be reset annually based on sixty percent (60%) of percentage change in the annual Sprint Retail Voice Revenue Yield per MOU (National RVRY) during the most recently completed calendar year as compared with the immediately prior calendar year
Sample 1
Price Resets. Beginning with the first calendar month following the second anniversary of the Effective Date and each anniversary thereafter, the rate for Sprint Data Customers shall be sixty percent (60%) of annual Sprint national Retail 1X Data Revenue Yield (the “National RDRY”) during the most recently completed calendar year (the “Data Customer Reset Rate”); provided, that, in no event shall the Data Customer Reset Rate be less than the Alliances Data Cost per KB for the preceding calendar year. The calculation methodology for the National RDRY and an example thereof are attached hereto as Exhibit 2). On or before one hundred twenty (120) days preceding the second anniversary of the Effective Date and before each one hundred twenty (120) days preceding the anniversary of the Effective Date thereafter, Sprint shall provide notice to the Alliances of its calculation of the Data Customer Reset Rate. On or before ninety (90) days preceding the second anniversary of the Effective Date and before each ninety (90) days preceding the anniversary of the Effective Date thereafter, the Alliances, if they so determine, shall provide notice to Sprint of its calculation of the Alliances Data Cost per KB for the preceding calendar year if Sprint’s calculation of the Data Customer Reset Rate is less than the Alliances Data Cost per KB. If the Alliances assert the proposed Data Customer Reset Rate is below the Alliances Data Cost per B, then the Alliances must provide to Sprint, at the request of Sprint, documentation reasonably adequate for Sprint to verify the Alliances Data Cost per MOU. In the event of a dispute regarding the determination of the Data Customer Reset Rate or the Alliances Data Cost per KB (a “Data Pricing Dispute”), the parties shall work in good faith to resolve such dispute within ten (10) days of a notice of a Data Pricing Dispute; provided, however, no changes will occur in the Data Customer Reset Rate until such pricing dispute is resolved, and upon resolution, the new rates will apply retroactively to the beginning of the relevant annual pricing period (including an appropriate adjustment for interest to the owed party at a daily interest rate equal to .0491% compounded monthly).
Sample 1

Related to Price Resets

  • Price Changes Pricing for all Products shall remain in effect during the term of this Agreement unless mutually agreed upon in writing by both Distributor and Subdistributor. In the event that Distributor reduces the price of the Products or the Instruments ordered by Subdistributor, Distributor may, in its sole discretion and upon Subdistributor’s written request within thirty (30) days of each shipment, issue a credit to Subdistributor in the amount of the price reduction applicable to that shipment.

  • Price 9. Agent’s commission, if any, determined as provided in the Distribution Agreement.

  • Purchase Price Floor The Company and the Buyer shall not effect any sales under this Agreement on any Purchase Date where the Closing Sale Price is less than the Floor Price. “Floor Price” means $0.25 per share of Common Stock, which shall be appropriately adjusted for any reorganization, recapitalization, non-cash dividend, stock split, reverse stock split or other similar transaction.

  • ADJUSTMENT OF CONTRACT PRICE The Contract Price shall be subject to adjustment, as hereinafter set forth, in the event of the following contingencies (it being understood by both parties that any reduction of the Contract Price is by way of liquidated damages and not by way of penalty):

  • Market Value Adjustment 16 3.07 Transfer of Current Value from the Funds or AG Account ............ 17 3.08 Notice to the Certificate Holder .................................. 18 3.09 Loans ............................................................. 18 3.10 Systematic Withdrawal Option (SWO) ................................ 18 3.11

  • Upward Adjustments The Purchase Price shall be adjusted upward by the following:

  • Interest Rate Adjustment The interest rate payable on the Notes shall be subject to adjustments from time to time if either Xxxxx’x Investors Service, Inc., or any successor thereto (“Moody’s”) or Standard & Poor’s Ratings Services, a division of XxXxxx-Xxxx, Inc., or any successor thereto (“S&P”) downgrades (or subsequently upgrades) the debt rating assigned to the Notes, as set forth below. If the rating from Moody’s of the Notes is decreased to a rating set forth in the immediately following table, the interest rate on the Notes shall increase from the interest rate payable on the Notes on the date of their issuance (the “Original Interest Rate”) by the percentage set forth opposite that rating: Rating Percentage Ba1 0.25 % Ba2 0.50 % Ba3 0.75 % B1 or below 1.00 % If the rating from S&P of the Notes is decreased to a rating set forth in the immediately following table, the interest rate on the Notes shall increase from the Original Interest Rate by the percentage set forth opposite that rating: Rating Percentage BB+ 0.25 % BB 0.50 % BB- 0.75 % B+ or below 1.00 % Notwithstanding the foregoing, if at any time the interest rate on the Notes has been adjusted upward and either Moody’s or S&P, as the case may be, subsequently increases its rating of the Notes to any of the threshold ratings set forth in the tables above, the interest rate on the Notes shall be decreased such that the interest rate for the Notes equals the Original Interest Rate plus the percentages set forth opposite the ratings from the tables above in effect immediately following the increase. If Moody’s subsequently increases its rating of the Notes to Baa3 or higher and S&P increases its rating to BBB- or higher the interest rate on the Notes shall be decreased to the Original Interest Rate. Each adjustment required by any decrease or increase in a rating set forth above, whether occasioned by the action of Moody’s or S&P, shall be made independent of any and all other adjustments. In no event shall (1) the interest rate for the Notes be reduced to below the Original Interest Rate or (2) the total increase in the interest rate on the Notes exceed 2.00% above the Original Interest Rate. If either Moody’s or S&P ceases to provide a rating of the Notes, any subsequent increase or decrease in the interest rate of the Notes necessitated by a reduction or increase in the rating by the agency continuing to provide the rating shall be twice the percentage set forth in the applicable table above. No adjustments in the interest rate of the Notes shall be made solely as a result of either Moody’s or S&P ceasing to provide a rating. If both Moody’s and S&P cease to provide a rating of the Notes, the interest rate on the Notes shall increase to, or remain at, as the case may be, 2.00% above the Original Interest Rate. Any interest rate increase or decrease described above shall take effect from the first day of the interest period during which a rating change requires an adjustment in the interest rate. The interest rate on the Notes shall permanently cease to be subject to any adjustment described above (notwithstanding any subsequent decrease in the ratings by either or both rating agencies) and, if applicable, shall be decreased to the Original Interest Rate, if the Notes become rated Baa2 and BBB or higher by Moody’s and S&P, respectively (or one of these ratings if only rated by one rating agency), with a stable or positive outlook by each of the rating agencies.

  • Price Adjustment No adjustment in the per share Exercise Price shall be required unless such adjustment would require an increase or decrease in the Exercise Price of at least $0.01; provided, however, that any adjustments which by reason of this paragraph are not required to be made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Section 2 shall be made to the nearest cent or to the nearest 1/100th of a share, as the case may be.

  • Purchase Price Credit Adjustments If on any day:

  • Downward Adjustments The Purchase Price shall be adjusted downward by the following:

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